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Legal Liability

Legal liability arises when lawyers commit a breach of duty

A lawyer exercises one most responsible job out. He always has to dutiful and reliable act. A breach of duty by the lawyer or another lawyer error can fatal consequences have - both for the client and for the lawyer himself. Above all, it can do a lot for both parties Cost money and nerves. But what about the here Legal Liability out? Is a quick one if a lawyer makes mistakes Termination of mandate possible? Is there a Limitation of Liability at the lawyer? Does legal liability have a statute of limitations? How can I File a lawsuit against my lawyer and the Legal feesreclaim? You can find answers to all of these questions in this one counselor.

Legal Liability: What Does It Mean?

When a lawyer with a new client Service relationship enters into by the two parties one Conclude contracts with each other, then that is Lawyer ultimately also in the mandatoryto provide the service requested by him. This includes in particular the Compliance with legal obligations, those in the Federal Lawyers' Act (§§ 43 BRAO) you can find:

  • Conscientious exercise of the profession
  • Prove worthy of respect and trust
  • Confidentiality
  • Do not enter into any commitments that could jeopardize the professional independence of his legal existence
  • Unobjective behavior is to be avoided (e.g. spreading untruths or making disparaging remarks)
  • The representation of conflicting interests is not allowed
  • Careful handling of assets entrusted to him: Third-party funds must be forwarded to the recipient immediately
  • Commitment to continuous further education and training

Usually lawyers mainly provide one Excellent work. Unfortunately, there is one or the other hiding in every professional sector black sheep. A right to legal liability often arises in the event of incorrect advice from the lawyer. In addition to maintaining confidentiality, it is a must that he informs his clients about everything important (Obligation to provide information). This includes, for example, the extent to which it is a risk would be one Trial in court to lead which consequences nevertheless a comparison brings with it or which Deadlines it to be observed applies. A client should also always have all available to him Legal remedies be cleared up.

liability has to be Lawyer then take over when he does this Missed deadline and this caused damage to his client. Deadlines must be observed, for example, when objecting a notice of fines, since such a notice is only possible within 14 days after delivery. Another example would be the deadline under the Limitation of Claims on a gain compensation in the event of a divorce.

Sometimes a Limitation of Liability or Limitation of Liability be stipulated by the lawyer in the contract or in his general terms and conditions. It can be determined, for example, that the debtor only with Willfulness or negligence is liable or that legal liability is only up to one fixed height is possible.

Lawyer Liability Trial: The burden of proof lies with the client

In the case of attorney's liability, the lawyer has to pay for the damage caused by a lawyer’s error

"My lawyer is no longer taking care of my case!" - Unfortunately, this argument is not sufficient for a lawsuit against your own lawyer. When it comes to legal liability, there is one Basis of claim just heavy to obtain. In legal liability law there is one solid evidence collection because the client has the burden of proof.

Above all, in the best case, the breach of contract must be considered a breach of duty root causefor the damage caused and the lawyer must have committed this culpably. It becomes difficult when the court comes to the conclusion that the client has the Process also lost without the lawyer's mistake would have. Then the lawyer’s error would not be the cause of the damage.

However, it is disclosed that the lawyer becomes his client to a completely hopeless legal process advised has, then the lawyer’s liability applies and he has to give him all incurred Court and legal fees refund or take over those of the opponent. Then it is important to financially the client again equal to having never filed a lawsuit. But that also means that the lawyer then is not liable for the outstanding claim of the lawsuit, but only for the process costs. To calculation the determination of the hypothetical asset level before the breach of duty is called the Difference hypothesis applied: where a comparison started between the financial situation before and after the incorrect advice by the lawyer.

Lawsuit against the lawyer

If you feel that you are in poor hands with your current lawyer and that you are inadequately advised because, for example, there has been no contact between you for three to four weeks despite your best efforts, then you have the option ofTo lodge a complaint against the lawyer with his office or the competent bar association.

If damage was avoidable, then the lawyer is obliged to pay compensation due to the lawyer's error. This can also be the case if, surprisingly, the mandate is resigned and the client incurs losses as a result. Then you could have yours Sue lawyer, because liability lies with the lawyer if incorrect advice resulted in any financial deficits.

As strange as it may sound, a different lawyer - namely a Attorney for legal liability - can represent you here accordingly and provide advice.

Even if you like the Fee accounting as too high appears, you may be able to demand liability from the attorney and sometimes reclaim the superfluous attorney's fees.

Any lawyer Incidentally, must oppose such claims to legal liability assure and therefore has a corresponding protection through his Liability insurance. This allows him to appoint a lawyer for legal liability in the event of a claim. The liability must Pay for any legal error. He has no liability insurance completed, then he can in the event of a claim for legal liability Lose admission to the bar. Does the client have a Legal protection insurance, then he also has cost protection.

Attorney's liability is usually covered by the attorney's liability insurance

A lawyer, however, must address every serious complaint against himself to his own Report liability. In the case of legal liability, you must always both sides provide. There is not always a breach of duty or wrong advice from the lawyer. So with a lawyer’s liability certain requirements be given in order to enforce corresponding claims.

Incidentally, they also exist Notary liability and the Judges liability. If factual evidence can be listed here, a liability claim must also be enforced in this case.

Limitation of legal liability

As with most claims, the statute of limitations also applies to legal liability for failure to meet deadlines, incorrect advice, etc. This form of claim for damages is usually missed after three years. The Limitation period begins from the point in timeat which the client Knowledgeof the breach of duty of the lawyer takes or should have taken note of it.

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